City leaders blast Pan Am's actions on rail reports

PORTSMOUTH — Assistant Mayor Jim Splaine described Pan Am Railways officials as "arrogant" for the way they are responding to public calls to release more of their safety reports.

Jeff McMenemy

PORTSMOUTH — Assistant Mayor Jim Splaine described Pan Am Railways officials as "arrogant" for the way they are responding to public calls to release more of their safety reports.

Splaine's comments came Friday after Pan Am officials on Monday refused to release the reports that federal law allows them to do on their own bridges.

"I see a lot of arrogance from them," Splaine said. "They have a lot of walls protecting them; they can hide behind the federal laws. Because they deal with the Interstate Commerce Commission, they don't even have to talk to us."

Splaine's comments reflect what seems to be a growing frustration from city officials about the way Pan Am has acted during the process of reviewing an application filed by Sea-3, a Newington propane terminal, to expand its facility so it can receive domestic propane via rail.

If the expansion is approved, Sea-3 officials have said the number of trains carrying propane on Seacoast tracks would increase from three a week to seven a week, with each one carrying "six to 12 propane tank cars per train."

That's a total of 42 to 84 propane cars a week, or 2,184 to 4,368 propane cars a year.

Pan Am Railways Executive Vice President Cynthia Scarano has previously committed to upgrading the railway's tracks from Class 1 to Class 2 if the Sea-3 expansion is approved. The upgrade would allow trains to travel at 25 mph. Scarano has previously said Pan Am intends to keep the trains at 10 mph, but that could change.

Robert B. Culliford, senior vice president and general counsel for Pan Am, did not return multiple calls for comment on Friday.

City Councilor Stefany Shaheen said she's "very concerned about the process" and wonders whether Pan Am's rail lines can handle the increased loads if the expansion is approved. She noted it's something that will affect "multiple Seacoast communities," not just Portsmouth and Newington.

Asked about Pan Am's refusal to release the reports, Shaheen said, "I'm very troubled because one of our most important responsibilities is to ensure the safety of the community. Their unwillingness to disclose information is very troubling."

She also referenced concerns raised by state Sen. Martha Fuller Clark, D-Portsmouth, and many city residents about the proximity of the tracks to new developments in the downtown and city neighborhoods.

"I've spent a lot of time during the campaign walking through the neighborhoods and I've walked those tracks and I understand just how close they are to people's homes," Shaheen said. "To think about how their quality of life is going to be affected by having very hazardous materials travel so close by, it's very concerning."

But like other city officials, she acknowledged they have limited power to compel Pan Am or Sea-3 to do anything. The Newington Planning Board will make the decision on Sea-3's application and the Federal Railroad Administration handles track inspections.

"I don't see that Portsmouth has much leverage, but I do think we have a very important role to play in terms of joining with other communities to urge Pan Am to be more transparent and to make sure our first responders can handle any emergencies," she said.

Jane Sutherland, who can see the rail lines out her living room window in Portsmouth, has called multiple times along with a group of city residents for "a comprehensive hazardous health and safety and environmental study for the region."

Newington Planning Board Chairman Denis Hebert said at a recent meeting that his board can't order that type of study, nor can it instruct Pan Am to do anything. "A local land-use board has no controls on the railway ... or how they operate their business," he said.

John Robinson, railroad safety inspector and investigator at the state Department of Transportation, said Friday the railroad does not have to release the bridge inspection reports under federal law. Asked if he was surprised that Pan Am refused to release them, Robinson said, "No, not at all. They're of the opinion those are private documents."

Robinson said the most recent bridge inspection reports he's seen were from 2012, adding "generally nothing (of concern) jumped out" when he read the reports.

U.S. Rep. Carol Shea-Porter and U.S. Sens. Jeanne Shaheen and Kelly Ayotte in February wrote a letter to the Federal Railroad Administration asking for an inspection of "the Portsmouth and Newington industrial tracks" owned by Pan Am in light of the proposal by Sea-3 to put additional rail cars carrying propane on the line. Robinson said that inspection has not been conducted yet, but that's probably because "they were going to wait until the snow thawed."

"Doing an inspection when most of the track structure is obscured by snow isn't very effective," Robinson said.

Shipping propane

Robinson noted that Pan Am regularly transports propane on its rail line that runs through Exeter, Newmarket, Durham and Dover, and up into Maine at 40 mph. The Class 4 track, which he described as the company's main line, also carries the Downeaster passenger train.

"They could carry freight at 60 miles per hour, but they choose to travel at 40 miles per hour," Robinson said.

Robinson said he does not remember any derailments on that line involving cars carrying propane.

Paul Bogan, vice president of operations for Sea-3, declined to comment on Pan Am's refusal to release the bridge inspection reports.

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